Saturday, January 6, 2007

Lawyer's Ethics

I just finished reading the assignment for one of my classes from a book called "The Law and Ethics of Lawyering." I know. It's an oxymoron. There are no ethics for lawyers.

I wonder if law school really has deadened me to the basic morality that we should take for granted. I wrestled with some of the problems in the reading. But then I talked about them with my wife and they didn't seem difficult at all to her.

For example, in one case, two people are in a car accident. Victim (V) sues the driver (D) for the damages he suffered. But V doesn't know that he has an aneurysm that might have been caused by the accident. When D's doctors examine him, they find the aneurysm and tell D's lawyers. Now, should D's lawyers tell V that he could die if he doesn't get an operation even if they might have to pay more at trial? Clearly they should. But what if D - the client - doesn't want to? What should D's lawyers do? They promised that they would do what D told them to do, and that they would keep confidential everything they found out about the case.

My wife didn't hesitate. "But someone's life at stake. Is God going to be mad at you for betraying your client to save someone's life?" She's right. It doesn't matter what the ethical rule is. You have to do what's right. I just wish that it had been clearer to me what the right thing was. That's what three years of law school will do to you.

3 comments:

Tay said...

This is Tay and i would like to state that it's not just law school. Somehow i've been similarly corrupted into thinking without ethics and solely by law stuff. lovely. we need more people like your wife in the world. we really do.
oh, and i read your blog a lot to keep up on thinking outside of the box. it helps me not miss dinner group.

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